Council Tax and Bailiffs.

[MARTIN3030]

Originally Posted by JGJ

Anyone with advice re form 4 complaint to County Court re tactics of Certificated Bailiffs or do they generally act in a devious manner to gain admittance to your property under the guise of being from the Council to "ARRANGE" a re-payment plan for council tax arrears.
EXEMPLO DUCEMUS

Have a look here;


How To Complain To The Court About A Certificated Bailiff.

[MARTIN3030]

Originally Posted by mazzafi

hi
just been reading your info
i have been paying off my council tax with newlyn for a while now
instalments were quite ridiculous at one point where it was £1000 which i struggled with ending up with a suspended possession order on my council home
then it was brought down to 389
missed a payment and now they are saying to pay 1109 which i cannot afford-so their advice is to hand me over to the bailiff
spoke to bailiff who said she will half the payment to 500 a month totalling 6 months
do i let her in or is this a ploy
Mazza

Have a read of the council tax stickie at the top of the Baliffs forum.

[Ric Tic]

Hello, its my first time here. I came home today to find a hand delivered letter from the bailiff, stating that he'll be back within 24 hrs for his money etc. I've read what people like martonman have said and its given me quite a lot of comfort, so thank you for that! (i've been coming home from work not daring to turn the tv on or even the lights until its turned 9pm('our bailiff can call upto 9pm' etc), for fear of a knock at the door! I want to ask where I personally stand in terms of the debt as it relates to two periods. The first was being handled by the bailiff, whilst another was subject to an attachment of earnings order. The order was never set up, even though the letter sent by the council clearly stated 'we have contacted your employer'. Today I see on the 'hand delivered' letter from the bailiff that both debts are on there. Do I treat them both as suggested by martonman?

[75eromyerg]

Hi people, I think I have been a little stupid, but am desperately trying to get out of the mess it has caused.

Phoenix Commercial collections have been assigned to recover my council tax bill again this year, as they have for the last three years. Before I found this forum I signed a walking possesion for the last three years and made arrangements to pay £100 per month. Every year we are in the same boat and because we are paying phoenix we haven't been able to pay the council.

This year I found the forum and sent them the standard letter as advised. The amount I owed suddenly dropped by £257.

My questions now are these

Can I ask for statements for the preceeding years and if the fees have been inflated can I claim them back.

Are the previous Walking Possesions considered abandoned now?

Who can I complain to about the "Enforcement Officer" he deliverd the companies standard letter threatening to come and remove goods through my door without an envelope and the letter was read by my wife, luckily she got to it before one of the children.

When I spoke to the enforcement officer he stated that I was unable to extend our arrangement (as we had the previous year) as the judge had ordered that we were not allowed another arrangement as we had had one before. I was told that we had to pay the full amount in 24 hours as the van was already booked.

Phoenix have replied to my letter stating that they are unable to accept an arrangement over 12 weeks and that "long term arrangements are subject to our representative visiting your premises for the purpose of assessing your ability to pay and in order to discuss some mutually agreed re-payment plan"

Any advice greatfully recieved

[JGJ]

Councils are obliged to receive your payments.If you have signed a walking possession to the Enforcement officer was he a Court certificated bailiff or from a debt collecting company? If a certificated bailiff apply to your local county court as all Bona-Fide bailiffs should be certificated, the form is a form 4 complaint and is free. Bailiffs cannot force entry to collect council tax arrears unless you allow them in to levie your goods(hence can we come to discuss re-payment plans) once you allow them in they will levie your goods.Once you have paid off your liability do not allow them near, each liability is seperate and should not run on. Send a Subject Access Request to the bailiffs they are duty bound by law to give you the details of their charges and what they have charged.It is wise to send a copy of the form 4 complaint to the bailiffs before you go/if you go to a hearing.Bailiff speak Long term arrangements means Levying your goods. See "tomtubby" posting in the Debt action group.Heading HOW TO COMPLAIN TO THE COURT ABOUT A CERTIFICATED BAILIFF. Sorry for the rush job, good luck. "EXEMPLO DUCEMUS "

[counciltaxloser]

Hi I have never used a forum before so please forgive me if I am doing this in the wrong place.Anyway I am beside myself with worry. About 6 years ago myself and my then husband fell into arrears with our Council tax as my husband became long term sick and was then Registered disabled.It went on for about 3 years and we ended up owing somewhere in the region of £3,000.It eventually was referred to Ross and Roberts and we were conned into signing a Possession Order.About a year later my husband left me along with all this debt,but Ross and Roberts continued to persue me to pay the entire debt, they would not accept a reduced rate and the council did not want to know,as as far as they were concerned they did not know where my husband was so I was solely responsible for paying it. I struggled for about 10 months paying it and tried to get them to split it down the middle,(I did default a couple of times and at these times Ross and Roberts charged me about £100.00 in charges.) my ex being responsible for paying his half and myself mine, but they would have none of it.I always tried to explain to them that I was happy to accept responsibility for my half but did not see why I should pay his. In the mean time I moved in with my new partner, and the bailiffs do not know where I am. I do want to pay it as I don't want to get into trouble, but the last time I spoke to Ross and Roberts to arrange a meeting so I could sort out paying it, they said I would probably end up being arrested if I did not pay it all.or a very large sum, and as I didn't have it all,I was to scared to meet them in case they took my car which they also threatened to do.I do know where my ex is but I am frightened to tell them where he is as he has threatened myself and my partner in the past and was very abusive to me whilst we were married.I am at a loss as to know what to do next, if I get a Criminal record I will lose my job please can someone advise me.

[tonycee]

Firstly. Hi..

Try not to worry TO much.

Whose name is on the liability order ?. Is it yours or your husbands ?.

[counciltaxloser]

Hi
It was my name because the Baliff tricked his way into the house He had come previously and made threats to my 15 year old daughter.I am no longer at that address though I don't know if that makes a difference.Just so worried that I will get arrested.
Thanks for replying not getting much sleep.

[robin9342]

Originally Posted by counciltaxloser

Hi
It was my name because the Baliff tricked his way into the house He had come previously and made threats to my 15 year old daughter.I am no longer at that address though I don't know if that makes a difference.Just so worried that I will get arrested.
Thanks for replying not getting much sleep.

If your 15 year old daughter let the bailiff in, then the levy is invalid! Which means you do not have to let the bailiff in again, nor is he entitled to force entry

[LavenderRose]

Hiya in reply to post 576 this may be a breach of their code of conduct. In the bailiffs eyes he has gained peaceful entry AND got a walking possession signed. He cannot take your things if you have agreed a payment plan so long as you dont default on it. I think someone more experienced with a signed walking possession would be better to help you as I am not sure what they can and cant do when that has been signed. All I can say is he is one sneaky weasel.
Bailiffs have to follow a code of conduct and below is what they have to comply with:

Bailiffs working for the company are trained to carry out their duties with firmness, but strict

fairness. Everyone with whom they meet is treated with tact, consideration and courtesy.

All bailiffs carry with them identity cards, bearing their photograph and signature and this is

produced each time they meet with the defendant. Where appropriate, written authorisation

from the client to act on their behalf is also carried and produced on request.

On the first visit, goods and chattels are not immediately removed for sale, unless the defendant
indicates that he/she will not pay and will not enter into a payment arrangement, or
agree to Walking Possession. In all other cases, the defendant is expected to enter into a

Walking Possession Agreement and an arrangement to pay.

I would also check with a site team leader on this site for further advice who will also help you draft a letter to the council in complaint of the bailiffs conduct.
Hope this helps

LavenderRose

[Big Amzz]

hi was reading this thread with interest and was wondering if someone can help me, im in alot of council tax arrears i dont know the exact sum due to it being split into 3-4 different bulks (and is being dealt with by 2 different balliff companys) i thinks its in the 1200 pound region, due to ignorance and stupidity i have not paid council tax since i have been at my address up until 6 months ago (have been paying back arrears direct to the council in that time without informing them) i have lived at this adress 3-4 years and have had the balliffs on my case since febuary of this year, i got another letter from council today about another 300 pound i owe them for council tax, why do they put the arrears seperate and why dont they just put it in 1 big bulk so its not so confusing, i reckon i have paid back about 100 pound in arrears by now but this has not got the council or the balliffs off my case, what should i do?

[Talako]

I have received a letter from Bailiffs regarding unpaid Council Tax. The letter does not state the amount only threats of entering my home if I am there or not with police in attendance if necessary.

I have considered moving my car away from the house and anything outside that he thinks he could attach. I know I am not to let them inside.

The letter does not state the amount of debt owed or for what period.

It is addressed to myself and my wife however the name for my wife is not her correct name.

What do I do now?

[Big Amzz]

move your car or sell to a friend or a family member for a pound so its not in your name, dont let them in the house and whatever you do do not sign a walking pocession order, i got the exact same letter as you and i did as follows......

. copy zoomans letter and send to the balliff company and ask for an itemised statement with what they have charged when they have called etc (which they will most likely not have recorded)
. write to your council saying you will not be dealing with the balliffs as you think they are overcharging you and they have not sent you a statement as requested and you will be paying them direct
. the council may or may not take your debt back if they dont keep paying them anyway and keep writing to them and when they see your making regular payments they will realise this will be the cheapest way to get the debt back without having to take you court etc annd will take you back

also do you or any of your family have any medical conditions? if so play on this and say the balliffs visits are making the condition worse (how is up to you use your imagination)

hope this is of some help to you let me know how you get on

[scared_debtor]

Hi, am new to this so sorry if this is wrong.

I need some help as I am terrified and find myself in an impossible position. To give some background, after a marriage breakdown and an incident at work, I was signed off with stress by my GP. I managed to get into massive debt as a result, which caused my stress to increase - I was in all probability suffering depression as well.

In the event, I had my house repossesed and am unsure what debt I have left. Recently I have started to try and get my life back on track. I have moved out of my last property, but when I went to retrieve my post I found a letter about a debt that has been subjected to a liability order issued at Magistrates Court. I called the council and left a message for them to call me back (it was a Friday and their office must have been closed). I didn't hear so called them back on the Tuesday and they said that they have given the debt to their Baliffs on the Monday. The amount is for over 1,000. Part of the problem is that I was a student when most of the debt was accrued, therefore exempt, and also not living at the address (I was the owner and sometimes stayed there at weekends, but mostly was too afraid to).

I e-mailed them to outline what has happened and asked that they could take the debt back. They do not at present know where I live and I am reluctant to tell them. The Council have refused to do this and said I must deal with the Bailiffs. I also mailed the Bailiffs who said I must contact them. I had tried this but the phone kept sending round in circles (press 1 for...., 2 for.....etc).

I want this cleared up as I am about to start a new job (if things aren't scuppered by my debts). Am I a lost cause or is there anything I can do? Please help. I am going to be a father soon and don't need this stress!

[littleprincess]

Originally Posted by martonman

Great letter, but...

I've a tendency to NOT pay any bailiff firm a penny. By all means send a similar letter and regular payments to the council but for goodness sake do not send any money to bailiffs.

Reasons?

Bailiff firms do not get paid by the councils, they make their money from any fees they can possibly add on to your council tax bill. It's not in their interest to take stage payments and trust me on this, they WILL find some excuse for your payment plan to foul up.

The bailiff that calls at your door is more often than not a self-employed collector working on a 40% commission of the fees he can add on, 8 times out of 10 they are not even certificated (as they should be by law) or CRB checked. You can check this by asking for ID and a copy of their County Court Certification. Never been provided with one yet!

They rely on intimidation and people's ignorance of the law to extort money from the most vulnerable in society.

The system is a totally corrupt and immoral scam with the councils being just as much to blame as the bailiffs.

----------------

I have always paid arrears directly to the council, no bailiff firm has ever tried to chase me for their 'fees' once the council debt has been settled.

I you're worried, write to the bailiff firm under a Freedom of Information letter asking for a full breakdown of their charges on you along with exact timings etc of calls, letters, van visits etc. they claim to have made. If they do bother to reply these can always be disputed as they very rarely keep any kind of correct record. These firms are not run by businessfolk, but by ignorant bullies.

Don't even bother phoning the bailiff firm, in my experience the staff answering the phone are trained to be as unhelpful and awkward as possible, only interested in taking your money for their fees.

Just ignore their threats as unless you let them in your house the worst they can do is hand your case back to the council.

I IGNORED their threat and they took my car this eve!!!!! i phned the council though and offered payment, maybe i should have just paid over the internet, im having to pay the bailiff over 800 tomorrow, he cant even tell me his fees, he told me to call him in the morning, beofre i pay, i feel he is making it up!!
ive tried to offer installemtns to the bailiff and to the council, no one wants to know!
i wanted to pay it, just not all at once, he said he had a levy on my car, which i knew nothing about! is this right???
police were called by him, even though ide done nothing to him, though i would have loved to!!
i am a single parent, and took the adivce of dont let him in ect, then he turns up and takes my car with no notice!